AGENCY:

Bureau of Industry and Security, Commerce.

ACTION:

Final rule.

SUMMARY:

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-four entities, under twenty-five entries, to the Entity List. These twenty-four entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The entities are located under the destination of the People's Republic of China (China), Hong Kong and the United Kingdom (U.K.). This rule also modifies three existing entries on the Entity List under the destination of China.

DATES:

This rule is effective June 5, 2020.

FOR FURTHER INFORMATION CONTACT:

Chair, End-User Review Committee, Office of the Assistant Secretary for Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email: ERC@bis.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

The Entity List (Supplement No. 4 to part 744 of the Export Administration Regulations (EAR)) identifies entities for which there is reasonable cause to believe, based on specific and articulable facts, that the entities have been involved, are involved, or pose a significant risk of being or becoming involved in activities contrary to the national security or foreign policy interests of the United States. The EAR (15 CFR parts 730-774) impose additional license requirements on, and limit the availability of most license exceptions for, exports, reexports, and transfers (in-country) to listed entities. The license review policy for each listed entity is identified in the “License review policy” column on the Entity List, and the impact on the availability of license exceptions is described in the relevant Federal Register notice adding entities to the Entity List. BIS places entities on the Entity List pursuant to part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR.

The End-User Review Committee (ERC), composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and all decisions to remove or modify an entry by unanimous vote.

ERC Entity List Decisions

Under § 744.11(b) (Criteria for revising the Entity List) of the EAR, entities for which there is reasonable cause to believe, based on specific and articulable facts, that the entities have been involved, are involved, or pose a significant risk of being or becoming involved in activities that are contrary to the national security or foreign policy interests of the United States, and those acting on behalf of such entities, may be added to the Entity List. Paragraphs (b)(1) through (b)(5) of § 744.11 provide an illustrative list of activities that could be considered contrary to the national security or foreign policy interests of the United States.

This rule implements the decision of the ERC to add twenty-four entities, under a total of twenty-five entries (one entity is identified in two destinations) to the Entity List. The twenty-four entities being added are located in China, Hong Kong and the U.K. The ERC made the decision to add each of the twenty-four entities described below under the standard set forth in § 744.11(b) of the EAR.

The ERC determined to add Beijing Cloudmind Technology Co., Ltd., Kunhai (Yanjiao) Innovation Research Institute, and Qihoo 360 Technology Company to the Entity List under the destination of China; to add Cloudminds (Hong Kong) Limited under the destination of Hong Kong; and to add Cloudminds Inc. and Qihoo 360 Technology Co. Ltd. under the destination of the U.K. These six entities are being added to the Entity List because the ERC determined there is reasonable cause to believe that these entities pose a significant risk of becoming involved in activities—the procurement of commodities and technologies for military end-use in China—that are contrary to the national security interests of the United States.

The ERC determined to add Beijing Computational Science Research Center, Beijing Jincheng Huanyu Electronics Co., Ltd., Center for High Pressure Science and Technology Advanced Research, Chengdu Fine Optical Engineering Research Center, China Jiuyuan Trading Corporation, Peac Institute of Multiscale Science, Sichuan Dingcheng Material Trade Co., Ltd., Sichuan Haitian New Technology Group Co. Ltd., Sichuan Zhonghe Import and Export Trade Co., Ltd., and Skyeye Laser Technology Limited to the Entity List under the destination of China on the basis of their procurement of U.S.-origin items for activities contrary to the national security or foreign policy interests of the United States. These ten entities are owned by, operated by, or directly affiliated with the Chinese Academy of Engineering Physics (CAEP), which is the technology complex responsible for the research, development and testing of China's nuclear weapons and has been on the Entity List under the destination of China since June 30, 1997 (62 FR 35334). (As discussed further below, the existing entry for CAEP is being modified by this rule to add an address and change the license review policy.)

The ERC determined to add Harbin Engineering University to the Entity List under the destination of China, for acquiring and attempting to acquire U.S.-origin items in support of programs for the People's Liberation Army. This activity is contrary to national security and foreign policy interests under § 744.11(b)(3) and (5) of the EAR.

The ERC determined to add Harbin Institute of Technology, Harbin Chuangyue Technology Co., Ltd., and Harbin Yun Li Da Technology and Development Co., Ltd. to the Entity List under the destination of China, for acquiring and attempting to acquire U.S.-origin items in support of programs for the People's Liberation Army. Specifically, Harbin Institute of Technology has sought to use U.S. technology for Chinese missile programs. This activity is contrary to national security and foreign policy interests under § 744.11(b)(3) of the EAR.

The ERC determined to add to the Entity List Shanghai Nova Instruments Co., Ltd., and Zhu Jiejin under the destination of China, K Logistics (China) Limited under the destination of Hong Kong, and JCN (HK) Technology Co. Ltd. under the destinations of China and Hong Kong. The ERC determined that Shanghai Nova Instruments Co., Ltd., K Logistics (China) Limited, and Zhu Jiejin have been involved in the procurement of items subject to the EAR for possible use in missile and unmanned aerial vehicle applications in China without the licenses required pursuant to §§ 744.3 and 744.21 of the EAR. JCN (HK) Technology Co. Ltd. is co-located with Reekay Technologies, which was added to the Entity List on November 12, 2015 (80 FR 69856) for supplying U.S.-origin items for the Iranian defense industry.

Pursuant to § 744.11(b), the ERC determined that the conduct of the above-described twenty-four entities raises sufficient concerns that prior review of exports, reexports, or transfers (in-country) of all items subject to the EAR involving these entities, and the possible imposition of license conditions or license denials on shipments to the entities, will enhance BIS's ability to prevent violations of the EAR. For the twenty-four entities added to the Entity List in this final rule, BIS imposes a license requirement for all items subject to the EAR and a license review policy of a presumption of denial for all of these entities. In addition, no license exceptions are available for exports, reexports, or transfers (in-country) to the persons being added to the Entity List in this rule. The acronym “a.k.a.” (also known as) is used in entries on the Entity List to identify aliases, thereby assisting exporters, reexporters, and transferors in identifying entities on the Entity List.

For the reasons described above, this final rule adds the following twenty-four entities, under a total of twenty-five entities, to the Entity List:

China

• Beijing Cloudmind Technology Co., Ltd.;
• Beijing Computational Science Research Center;
• Beijing Jincheng Huanyu Electronics Co., Ltd.;
• Center for High Pressure Science and Technology Advanced Research;
• Chengdu Fine Optical Engineering Research Center;
• China Jiuyuan Trading Corporation;
• Harbin Chuangyue Technology Co. Ltd.;
• Harbin Engineering University;
• Harbin Institute of Technology;
• Harbin Yun Li Da Technology and Development Co., Ltd.;
• JCN (HK) Technology Co., Ltd.;
• Kunhai (Yanjiao) Innovation Research Institute;
• Peac Institute of Multiscale Science;
• Qihoo 360 Technology Company;
• Shanghai Nova Instruments Co., Ltd.;
• Sichuan Dingcheng Material Trade Co., Ltd.;
• Sichuan Haitian New Technology Group Co., Ltd.;
• Sichuan Zhonghe Import and Export Trade Co., Ltd.;
• Skyeye Laser Technology Limited; and
• Zhu Jiejin.

Hong Kong

• Cloudminds (Hong Kong) Limited;
• JCN (HK) Technology Co., Ltd.; and
• K Logistics (China) Limited.

United Kingdom

• Cloudminds Inc.; and
• Qihoo 360 Technology Co. Ltd.

Modifications to the Entity List

This final rule implements the decision of the ERC to modify three existing entries under the destination of China as follows:

This rule implements the decision of the ERC to modify the existing entry for China Electronics Technology Group Corporation 38th Research Institute (CETC 38), which was first added to the Entity List under the destination of China on August 1, 2018 (83 FR 37427). BIS is modifying the existing entry by removing one of the addresses “418 Guilin Road, Shanghai, China” included for this entry.

This rule implements the decision of the ERC to modify the existing entry for China Electronics Technology Group Corporation 55th Research Institute (CETC 55), which was first added to the Entity List under the destination of China on August 1, 2018 (83 FR 37427). BIS is modifying the existing entry by editing it to identify “NEDITEK,” currently listed as the fourth alias for the entry, as a third subordinate institution under this same entry. This rule also adds an additional address, “2nd Floor, B4 Block, Jiulonghui Park, No. 19 Suyuan Avenue, Nanjing, China,” for this entry.

This rule implements the decision of the ERC to modify the existing entry for the Chinese Academy of Engineering Physics, which was first added to the Entity List under the destination of China on June 30, 1997 (62 FR 35334). BIS is modifying the existing entry by adding three additional addresses, “64 Mianshan Road, Mianyang, Sichuan, China; and 6 Huayuan Road, Haidian District, Beijing, China; and 1 Fenghao East Road, Haidian District, Beijing, China.” In addition, BIS is modifying an existing address for Chinese Academy of Engineering Physics, to correct a zip code from “6100003” to “610003.” This rule also implements the decision of the ERC to modify the license review policy for this entry from case-by-case to presumption of denial. Lastly, this rule adds “(See § 744.11 of the EAR).” to clarify the license requirement for this entry.

Savings Clause

Shipments of items removed from eligibility for a License Exception or export or reexport without a license (NLR) as a result of this regulatory action that were en route aboard a carrier to a port of export or reexport, on June 5, 2020, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license (NLR). Shipments of items exported, reexported or transferred (in-country under the authority of a BIS-issued license that were en route aboard a carrier to a port of export or reexport, on June 5, 2020, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the authorization of the issued license.

Export Control Reform Act of 2018

On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-4852). ECRA provides the legal basis for BIS's principal authorities and serves as the authority under which BIS issues this rule. As set forth in Section 1768 of ECRA, all delegations, rules, regulations, orders, determinations, licenses, or other forms of administrative action that were made, issued, conducted, or allowed to become effective under the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in effect on August 12, 2018, and as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) or under the Export Administration Regulations, and were in effect as of August 13, 2018, shall continue in effect according to their terms until modified, superseded, set aside, or revoked under the authority of ECRA.

Rulemaking Requirements

1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866.

2. Notwithstanding any other provision of law, no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This regulation involves collections previously approved by OMB under control number 0694-0088, Simplified Network Application Processing System, which includes, among other things, license applications and carries a burden estimate of 42.5 minutes for a manual or electronic submission. Total burden hours associated with the PRA and OMB control number 0694-0088 are not expected to increase as a result of this rule. You may send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395-7285.

3. This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132.

4. Pursuant to section 1762 of the Export Control Reform Act of 2018 (50 U.S.C. 4801-4852), which was included in the John S. McCain National Defense Authorization Act for Fiscal Year 2019, this action is exempt from the Administrative Procedure Act (5 U.S.C. 553) requirements for notice of proposed rulemaking, opportunity for public participation, and delay in effective date.

5. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared.

List of Subjects in 15 CFR Part 744

• Exports
• Reporting and recordkeeping requirements
• Terrorism

Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730-774) is amended as follows:

PART 744—[AMENDED]

1. The authority citation for 15 CFR part 744 continues to read as follows:

Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; Notice of November 12, 2019, 84 FR 61817 (November 13, 2019).

2. Supplement No. 4 to part 744 is amended:

a. Under CHINA, PEOPLE'S REPUBLIC OF,

i. By adding in alphabetical order entries for “Beijing Cloudmind Technology Co., Ltd.,” “Beijing Computational Science Research Center,” “Beijing Jincheng Huanyu Electronics Co., Ltd.,” “Center for High Pressure Science and Technology Advanced Research,” “Chengdu Fine Optical Engineering Research Center,” “China Jiuyuan Trading Corporation,” “Harbin Chuangyue Technology Co. Ltd.,” “Harbin Engineering University,” “Harbin Institute of Technology,” “Harbin Yun Li Da Technology and Development Co., Ltd.,” “JCN (HK) Technology Co., Ltd.,” “Kunhai (Yanjiao) Innovation Research Institute,” “Peac Institute of Multiscale Science,” “Qihoo 360 Technology Company,” “Shanghai Nova Instruments Co., Ltd.,” “Sichuan Dingcheng Material Trade Co., Ltd.,” “Sichuan Haitian New Technology Group Co., Ltd.,” “Sichuan Zhonghe Import and Export Trade Co., Ltd,” “Skyeye Laser Technology Limited,” and “Zhu Jiejin;”

ii. By revising the entries for “China Electronics Technology Group Corporation 38th Research Institute (CETC 38),” “China Electronics Technology Group Corporation 55th Research Institute (CETC55)” and “Chinese Academy of Engineering Physics”;

b. Under HONG KONG, by adding in alphabetical order entries for “Cloudminds (Hong Kong) Limited,” “JCN (HK) Technology Co., Ltd.,” and “K Logistics (China) Limited”; and

c. Under UNITED KINGDOM, by adding in alphabetical order entries for “Cloudminds Inc.,” and “Qihoo 360 Technology Co. Ltd.”

The additions and revisions read as follows:

Supplement No. 4 to Part 744—Entity List